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Owner's Representative Agreement for the United States

Owner's Representative Agreement Template for United States

This agreement, governed by United States law, establishes the professional relationship between a property owner and their designated representative who acts on their behalf during construction or development projects. The document outlines the representative's authority, responsibilities, compensation, and obligations in protecting the owner's interests throughout the project lifecycle. It includes provisions for project oversight, quality control, budget management, schedule monitoring, and coordination with various project stakeholders, while ensuring compliance with applicable state and federal construction regulations.

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Owner's Representative Agreement

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What is a Owner's Representative Agreement?

The Owner's Representative Agreement is a crucial document used when property owners require professional representation to oversee construction or development projects on their behalf. This agreement, governed by United States federal and state laws, is particularly important for complex projects where owners need specialized expertise to protect their interests. The document defines the scope of authority granted to the representative, including oversight of contractors, budget management, schedule monitoring, and quality control. It's commonly used in both private and commercial development projects, establishing clear lines of responsibility and communication protocols. The agreement typically includes detailed provisions for compensation, insurance requirements, and professional standards of care, while ensuring compliance with local construction regulations and industry best practices.

What sections should be included in a Owner's Representative Agreement?

1. Parties: Identification of the Owner and the Owner's Representative, including full legal names and addresses

2. Background: Context of the agreement, including project overview and purpose of engaging an Owner's Representative

3. Definitions: Key terms used throughout the agreement, including Project, Services, Project Team, and other relevant terminology

4. Appointment and Term: Formal appointment of the Owner's Representative and duration of the agreement

5. Scope of Services: Detailed description of the services to be provided by the Owner's Representative

6. Owner's Representative's Obligations: Specific duties, responsibilities, and standard of care required

7. Owner's Obligations: Responsibilities of the Owner, including provision of information and timely decision-making

8. Compensation and Payment Terms: Fee structure, payment schedule, and reimbursable expenses

9. Insurance and Liability: Required insurance coverage and limitation of liability provisions

10. Termination: Conditions and procedures for termination by either party

11. Confidentiality: Protection of confidential information and project details

12. Intellectual Property: Ownership and usage rights of project documents and materials

13. Dispute Resolution: Procedures for handling disputes between parties

14. General Provisions: Standard contract clauses including notices, amendments, and governing law

What sections are optional to include in a Owner's Representative Agreement?

1. Project Team Structure: Detailed organization structure and reporting relationships, recommended for complex projects with multiple stakeholders

2. Sustainability Requirements: Specific obligations related to green building or sustainability certifications, included when project has specific environmental goals

3. Technology Requirements: Specifications for project management software and systems, included when specific technology platforms are mandatory

4. Multiple Project Provisions: Terms governing services across multiple projects, used when the Owner's Representative will handle multiple projects

5. Special Consultants: Terms regarding engagement and coordination of specialized consultants, included when specific expertise is required

6. International Considerations: Special provisions for international projects or stakeholders, used when project involves cross-border elements

What schedules should be included in a Owner's Representative Agreement?

1. Schedule A - Detailed Scope of Services: Comprehensive breakdown of all services to be provided, including specific tasks and deliverables

2. Schedule B - Fee Schedule: Detailed breakdown of fees, hourly rates, and reimbursable expenses

3. Schedule C - Project Details: Specific project information including timeline, budget, and key milestones

4. Schedule D - Key Personnel: List of key team members and their roles, qualifications, and time commitment

5. Schedule E - Required Reports and Documentation: Templates and requirements for project reporting and documentation

6. Schedule F - Insurance Requirements: Detailed insurance requirements including types and amounts of coverage

7. Appendix 1 - Communication Protocols: Procedures for project communications and reporting hierarchies

8. Appendix 2 - Quality Control Procedures: Specific quality control and assurance processes to be implemented

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions















































Clauses








































Relevant Industries

Construction

Real Estate Development

Commercial Property

Residential Development

Infrastructure

Healthcare Facilities

Educational Facilities

Industrial Development

Hospitality

Retail Development

Relevant Teams

Legal

Construction

Project Management

Real Estate

Development

Operations

Procurement

Risk Management

Finance

Facilities Management

Relevant Roles

Development Director

Construction Manager

Project Manager

Property Owner

Real Estate Developer

Facility Manager

Construction Director

Owner's Representative

Project Director

Development Manager

Construction Consultant

Contract Administrator

Real Estate Manager

Asset Manager

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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